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Emigration policies and procedures Emigration policies and procedures

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Questions:

I was born in 1974 in Australia, my parents moved back to the UK in 1979. I have an Australian passport. I would like to go back to Australia but with my English husband and 4 English children although i think i can get them Australian passports as i am Australian, is this correct. I am also skilled (Website Co-ordinator with a degree) but my husband is not as he is a househusband. Would we have problems moving to Australia?
Hello there, we are currently on the skill matching database and hoping to be sponsored off it (slim chance, I know) before our time on it expires in Oct 2006 . In the mean time, my daughter is 17 in September and wants to work full time for a year after leaving school this July and before going to college in Sept 2006.What do the regs say about her still being included in our application if she does this? I know there are some issues around financial independence. Many thanks JB
Well hello sir/mam.By the way this is a great site.3 cheers for you for providing information regarding immigration matters.in one of the questions posted by someone you had mentioned some natural justce to build a case in case your spouse who is on pr or citzenship cant sponser you since she is a divorcee and cant sponser for a period of time for new zealand.if we take your or some counsel services how much time will it take in order so that she can sponser me finally......your reply will be highly awaited...thank ypu ..0
can our son in laws parents or his sisters sponser us to go to oz, they are born and bred australians
Can my ex-wife emigrate to Australia with my six year old daughter with out my agreement? what are my chances of stopping her taking my daughter?
How do I get a Trades Recognition Assessment? And are these assessments compulsary to work as a Hairdresser in Australia?
Hi I am currently looking at emigrating to Australia. An employer in Australia has offered to obtain a Permanent Residency visa for me via the Employer Nomination Scheme (ENS), and I understand that I need to be available to work for them for a period of 3 years. I'm thinking about taking up their offer but there is a risk that I may have to terminate my employment with that employer after only working there for a few months. This is because I have a sick relative in the UK who will need caring for if they get any worse. If I have to terminate my employment with the Australian employer will this invalidate my Permanent Residency visa or will I be free to return to Australia at a later date & continue to work there? Regards AW
My Husband is a recently qualified general electrician modl code 4311-11 and I am a qualified hairdresser modl clode 4931-11. We are confused which of us should be the lead person - which trade will gain the most points. I am 33 years of age and my husband is 34, he will be 35 in September. (I am also a well qualified PA working for the Naitonal Autistic Society, but I understand my hairdressing qualification is more desirable)
Can I take my 13-year-old son to live in Australia without permission of his father? He sees him every two to three weeks for a couple of hours. I have residency and am married with two other children.
My partner and I are applying for visa subclass 136 however he has two previous convictions - one approx nine years ago for possession of cannabis (then Class B Drug) for which he received a one year Conditional Discharge and a further conviction for Breach of the Peace approx seven years ago for which he was 'Bound Over to Keep the Peace' for one year. He successfully completed both sentences however we are now very concerned whether this would adversely affect our application?

Questions & Answers
I was born in 1974 in Australia, my parents moved back to the UK in 1979. I have an Australian passport. I would like to go back to Australia but with my English husband and 4 English children although i think i can get them Australian passports as i am Australian, is this correct. I am also skilled (Website Co-ordinator with a degree) but my husband is not as he is a househusband. Would we have problems moving to Australia? Author": N/A
	Due to being born in Australia and holding an Australian passport your children do qualify for Australian visas by right of descent. In regards your husband you can apply for a spouse visa for him which will allow him to be granted a visa for Australia. Generally a temporary (or provisional) spouse visa is granted first, and then the permanent spouse visa two years after applying. However, if at the date of applying you have been in a 'long term relationship' which is defined as a spousal relationship of at least 5 years or 2 years if the couple have dependant children from their relationship. So you may be able to apply for a permanent spouse visa.
Hello there, we are currently on the skill matching database and hoping to be sponsored off it (slim chance, I know) before our time on it expires in Oct 2006 . In the mean time, my daughter is 17 in September and wants to work full time for a year after leaving school this July and before going to college in Sept 2006.What do the regs say about her still being included in our application if she does this? I know there are some issues around financial independence. Many thanks JB
	Hi JB - while she is under 18 - she is dependent. Over 18 if she is in full time education she is OK to be joined onto the family application.
Well hello sir/mam.By the way this is a great site.3 cheers for you for providing information regarding immigration matters.in one of the questions posted by someone you had mentioned some natural justce to build a case in case your spouse who is on pr or citzenship cant sponser you since she is a divorcee and cant sponser for a period of time for new zealand.if we take your or some counsel services how much time will it take in order so that she can sponser me finally......your reply will be highly awaited...thank ypu ..0 Author: N/A
	This is not an easy matter. Natural Justice is taken into account in all NZ immigration matters - but it comes after legislation and Policy. I would need a very full set of circumstances to even begin answering your question. Please e-mail me direct on richard@my-oe.com an appraisal is free of charge and would give you an answer whether or not you would be able to pursue a viable case.
can our son in laws parents or his sisters sponser us to go to oz, they are born and bred australians
	No. I am assuming you are asking about either a skilled"" or ""parent"" visa."
Can my ex-wife emigrate to Australia with my six year old daughter with out my agreement? what are my chances of stopping her taking my daughter?
	The Hague Convention comes into play here. The short answer is not very eaily. If she gets an order from the court allowing her to remove the child from the jurisdiction of the court - then she can.
How do I get a Trades Recognition Assessment? And are these assessments compulsary to work as a Hairdresser in Australia?
	Yes - a Skills assesment (incl TRA) is a prerequisite for every skilled visa. option 1 - apply directly to TRA yourself. option 2 - Call 0131 625 6906 for assistance from OE Visas.
Hi I am currently looking at emigrating to Australia. An employer in Australia has offered to obtain a Permanent Residency visa for me via the Employer Nomination Scheme (ENS), and I understand that I need to be available to work for them for a period of 3 years. I'm thinking about taking up their offer but there is a risk that I may have to terminate my employment with that employer after only working there for a few months. This is because I have a sick relative in the UK who will need caring for if they get any worse. If I have to terminate my employment with the Australian employer will this invalidate my Permanent Residency visa or will I be free to return to Australia at a later date & continue to work there? Regards AW
	ENS can be cumbersome - if you have circumstances like yours and the employment hasnt been sampled"" by you for any length of time or you have personal circumstances. I would recomend a skilled Independent visa or one of th eother variations if you can qualify. then you can activate it and come home if personal ircumstances require - with a full 5 years returning Residence rights."
My Husband is a recently qualified general electrician modl code 4311-11 and I am a qualified hairdresser modl clode 4931-11. We are confused which of us should be the lead person - which trade will gain the most points. I am 33 years of age and my husband is 34, he will be 35 in September. (I am also a well qualified PA working for the Naitonal Autistic Society, but I understand my hairdressing qualification is more desirable)
	Hi - The difficulty here is recent work experience. I think your husband is best lead candidate providing he has completed 12 out of last 18 months in his trade. You would fail if you haven't done at least 20 hours hairdressing for the same amount of time for 12/18 months.
Can I take my 13-year-old son to live in Australia without permission of his father? He sees him every two to three weeks for a couple of hours. I have residency and am married with two other children.
	Not really. The Hague Convention applies. In an ideal world you will need an notarised statement from your son's father allowing him to go.
My partner and I are applying for visa subclass 136 however he has two previous convictions - one approx nine years ago for possession of cannabis (then Class B Drug) for which he received a one year Conditional Discharge and a further conviction for Breach of the Peace approx seven years ago for which he was 'Bound Over to Keep the Peace' for one year. He successfully completed both sentences however we are now very concerned whether this would adversely affect our application?
	I have never lost one of these cases. But - DIMIA are becoming stricter it seems to me. Character refusals are now made from Brisbane. The issues they will look at include: time since conviction, likelihood of re-offending, rehabilitation, remorse, sentencing, etc etc. I would suggest this part is not DIY - call me (Richard Gregan) on 0131 625 6906)